Bill > S05188

This bill amends the Civil Practice Law and Rules to permit a plaintiff, as a judgment creditor against a defendant, to recover and collect an unsatisfied judgment or portion of a judgment against a co-defendant or third-party defendant who is liable for contribution or indemnification. Specifically, if the plaintiff's judgment against the defendant remains unsatisfied 30 days after it has been served, and the defendant has a judgment against a co-defendant or third-party defendant for contribution or indemnification, the plaintiff can collect the unsatisfied amount from the co-defendant or third-party defendant. Additionally, if the defendant has a cause of action for contribution or indemnification that has not been reduced to judgment, the plaintiff can attach or take an assignment of that cause of action and pursue it in the plaintiff's own name or the defendant's name to recover the same amount that would be awarded to the defendant. The bill excludes situations where the third-party claim would be barred by workers' compensation law or where the third party was the plaintiff's employer.